Sunday, February 17, 2019
Gibbons V. Ogden :: essays research papers
After a 4 year hiatus in the Supreme Court docket, the court lastly rule in 1824, the case of Gibbons v. Ogden, which eventually proclaimed the nationally achievement clause and the commerce clause, but its impact of Ameri fag end commerce can still be felt today.The loose interpretation of the Constitution by Chief Justice Marshall had greatly infuriated and scared the Southerners because if the regime could regulate inter suppose commerce, then it could one day regulate thralldom its technically commerce. Therefore, states such as South Carolina passed the Negro Seamen Act, which was later in love down unconstitutional, greatly hit the issue of slavery. South Carolinians had great bases for their beliefs because of the upstart Denmark Vesey uprising.Often this case is coined as the "Emancipation Proclamation of American Commerce," it should be gladly called that because of the reflection on the elasticity of the great paper cognize as the Constitution. The case gr umous the Congress held all powers to regulate some(prenominal) modes of Commerce. Gibbons v. Ogden would prevail with the inventions of trains and airplanes as modes of commercial activities. Congress, with this case, was later to pass measure that would malefactor unfair price fixing on transportation of foods and pass epoch-making measures such as the Sherman Anti-Trust Act.Federal supremacy was also at last solidified by this case. New York said that the Federal Coasting license that Thomas Gibbons had was unuseable in New York waters. Thus this sets-up the great issue of the day state govt v. federal govt. But as New York and the rest of the United States finally gets into its head that the Constitution is the law of the land and that in Article IV, it states that "federal laws supersedes state laws"
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